The Committee on Judiciary proposes the following amendment (LC-235.AHB0001H):

Amend the bill, as and if amended, SECTION 1, by striking Section 16-15-90(B)(2), (3), and (4) and inserting:

 (3)(2) Procure procure or solicit for the purpose of prostitution;
 (4)(3)(2) Expose expose indecently the private person for the purpose of prostitution or other indecency; or
 (5)(4)(3) Reside reside in, enter, or remain in any place, structure, building, vehicle, trailer, or conveyance for the purpose of lewdness, assignation or prostitution; or.

Amend the bill further, SECTION 1, by striking Section 16-15-90(B)(5) and inserting:

 (11)(5) Aidaid, abet, or participate knowingly in the doing of any of the acts herein prohibited by this section.

Amend the bill further, SECTION 1, by striking Section 16-15-90(C) and (D) and inserting:

 (C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.
 (D) A person who was a minor at the time this section was violated shall not be prosecuted pursuant to this section if, as a direct result of or interrelated to trafficking, the person was under duress or coerced into committing the offenseis immune from prosecution under this section if that person was under the age of eighteen at the time of the alleged act.

Amend the bill further, SECTION 1, by striking Section 16-15-90(E)(2) and (3) and inserting:

  (2) for a second offense, a fine not exceeding one thousandfive hundred dollars or confinement in prison for a period of not more than ninetysixty days, or both; or
  (3) for a third or any subsequent offense, a fine not exceeding three thousand dollars or confinement for a period of not lessmore than one year, or both.

Amend the bill further, SECTION 1, Section 16-15-90, by adding a subsection to read:

 (F) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Amend the bill further, SECTION 1, by striking Section 16-15-100(A)(2) and inserting:

  (2) "Sexual grooming" means a person's attempt to gradually establish an emotional connection with a minor or members of a minor's family to lessen the minor'sanother person to lessen their inhibitions to engage in sexual activities with or at the direction of the person.

Amend the bill further, SECTION 1, by striking Section 16-15-100(B) and (C) and inserting:

 (B) It shall further be unlawful to:
 (1) Procure a female inmate for a house of prostitution ;
   (2) (1) procure, recruit, sexually groom, cause, Cause, induce, persuade, or encourage by promise, threat, violence, or by any scheme or device a female person to become a prostitute or to come into or leave this State or to enter, remain, or reside an inmate ofin a house ofplace, structure, building, vehicle, trailer, or conveyance for the purpose ofwith the intent to commit and act of prostitution;
 (3) Induce, persuade or encourage a female to come into or leave this State for the purpose of prostitution or to become an inmate in a house of prostitution;
  (4) (2)Receive receive or give, or agree to receive or give, any money or thing of value for procuring or attempting to procure any female person to become a prostitute or an inmate in a house of prostitution;
  (5)(3) Accept accept or receive knowingly any money or other thing of value without consideration from a prostitute; or
  (4) keep or set up a trailer, place, structure, building, or any other conveyance to facilitate prostitution;
  (5) receive any person for purposes of prostitution into any vehicle, conveyance, trailer, place, structure, or building;
  (6) permit any person to remain for the purpose of prostitution in any vehicle, conveyance, trailer, place, structure, or building;
  (7) direct, take, or transport, offer or agree to direct, take, or transport, or aid or assist in directing, taking, or transporting any person to any vehicle, conveyance, trailer, place, structure, or building or to any other person with knowledge of or having reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution;
  (8) lease or rent, or contract to lease or rent, any vehicle, conveyance, trailer, place, structure, or building or part thereof believingwith actual knowledge or having reasonable cause to believe that it is intended to be used for prostitution;
  (9) promote, market, or advertise prostitution on a media platform accessible to the public including, but not limited to, social media platforms; or
  (10) Aid,aid, abet, or participate knowingly in the doing of any of the acts herein prohibited.
 (C) In the prosecution of a person who is charged with a violation of this section, it is an affirmative defense to those charges if the person was under duress or coerced into committing the offense or the crime was committed as a direct result of or interrelated to victimization of human trafficking.
 (C)(D) A person who violates this section must be punished as follows:
  (1) for a first offense, a fine not exceeding one thousanda person is guilty of misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daysthree years;
  (2) for a second offense, a fine not exceedinga person is guilty of a misdemeanor and, upon conviction, must be fined at least threefive thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or bothfive years; or
  (3) for a third or any subsequent offense, a fine not exceedingperson is guilty of a felony and, upon conviction, must be fined at least five thousand dollars with a maximum of up to ten thousand dollars orand confinement in prison for a period of not less than fivenot more than ten years, or both.
 (E) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Amend the bill further, SECTION 1, by striking Section 16-15-110(C)(1), (2), and (3) and inserting:

  (1) for a first offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least onetwo thousand dollars or confinement in prisonand imprisoned for a period of not more than sixty daystwo years;
  (2) for a second offense, a fine not exceedingthe person is guilty of a misdemeanor and, upon conviction, must be fined at least three thousand dollars or confinement in prisonand imprisoned for a period of not more than one hundred eighty days, or boththree years; or
  (3) for a third or any subsequent offense, a fine not exceeding tenthe person is guilty of a misdemeanor and, upon conviction, must be fined at least five thousand dollars or confinement in prisonwith a maximum fine of up to ten thousand dollars and imprisoned for a period of not lessmore than five years, or both.

Amend the bill further, SECTION 1, Section 16-15-110, by adding a subsection to read:

 (D) Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, a violation of this section must be tried in magistrates court.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. Article 1, Chapter 15, Title 16 of the S.C. Code is amended by adding:

 Section 16-15-115. (A) When a person who has not previously been convicted of an offense pursuant to Section 16-15-90 or any similar offense under any state or federal statute relating to prostitution pleads guilty to or is found guilty of a violation Section 16-15-90, the court, without entering a judgment of guilt and with the consent of the accused, may defer further proceedings and place him on probation upon terms and conditions as it requires, including the requirement that the person cooperate in a treatment and rehabilitation program of a state-supported facility, if available. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him. Discharge and dismissal pursuant to this section is without court adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. However, a nonpublic record must be forwarded to and retained by the South Carolina Law Enforcement Division solely for the purpose of use by the courts in determining whether or not a person has committed a subsequent offense pursuant to this section. Discharge and dismissal pursuant to this section may occur only once with respect to any person.
 (B) Upon the dismissal of the person and discharge of the proceedings against him pursuant to subsection (A), the person may apply to the court for an order to expunge from all official records (other than the nonpublic records to be retained as provided in subsection (B)) all recordation relating to his arrest, indictment or information, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after a hearing, that the person was dismissed and the proceedings against him discharged, it shall enter the order. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest or indictment or information. No person as to whom the order has been entered may be held pursuant to another provision of law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge the arrest, or indictment or information, or trial in response to an inquiry made of him for any purpose.
 (C) Before a person may be discharged and the proceedings dismissed pursuant to this section, the person must pay a fee to the summary court of one hundred fifty dollars. No portion of the fee may be waived, reduced, or suspended, except in cases of indigency. If the court determines that a person is indigent, the court may partially or totally waive, reduce, or suspend the fee. The revenue collected pursuant to this subsection must be retained by the jurisdiction that heard or processed the case and paid to the State Treasurer within thirty days of receipt. The State Treasurer shall transmit these funds to the Prosecution Coordination Commission which shall then apportion these funds among the sixteen judicial circuits on a per capita basis equal to the population in that circuit compared to the population of the State as a whole based on the most recent official United States census. The funds must be used for drug treatment court programs only. The amounts generated by this subsection are in addition to any amounts presently being provided for drug treatment court programs and may not be used to supplant funding already allocated for these services. The State Treasurer may request the State Auditor to examine the financial records of a jurisdiction which he believes is not timely transmitting the funds required to be paid to the State Treasurer pursuant to this subsection. The State Auditor is further authorized to conduct these examinations and the local jurisdiction is required to participate in and cooperate fully with the examination.

Renumber sections to conform.

Amend title to conform.